A personal authorized practitioner, Francis Kwarteng Arthur, has long gone to court to problem the directives of the President to secure non-public details of mobile subscribers.
As a consequence of the E.I. 63 (Institution of Crisis Communications Program Instrument) a non-public liability corporation, Kelni GVG Constrained, a third respondent in the case, has directed the telcos to launch to them the own info of subscribers.
These involve but is not confined to subscriber database, subscriber mobile reference information, uncashed subscriber cellular funds transfer info, cell revenue service provider codes and addresses.
Kwarteng Arthur in an software filed on Monday just before the Human Rights Division of the Superior Court docket is, nevertheless, arguing that his personalized data, which is in the possession of the initial and second respondents, Vodafone and MTN respectively, is safeguarded by the 1992 Constitution and may perhaps not be given out to a 3rd party by the 1st and 2nd respondents devoid of recourse to legislation or laid down method or devoid of his specific authorization or consent.
The software also contends between other people that the Electronic Communications Act, 2008 (Act 775) contains a Situation Precedent for the President’s invocation of his ability in section 100.
“The ailment precedent is that the President should have 1st, declared a Point out of Crisis below Post 31 of the 1992 Structure, as mentioned in area 99 of Act 775.”
In accordance to the attorney Kwarteng Arthur, due to the fact the affliction precedent has not been induced, the President in signing E.I. 63, acted illegally.
The application also states further more that the President’s directive contained in the E.I. 63 and its implementation by the respondents have violated, are violating or are likely to violate his essential human rights to administrative justice, privateness, equality and non-discrimination.
The third respondent, Kelni GVG Confined, on or about March 27, 2020, acting on behalf of the President wrote to all interaction network provider operators directing them, to set the applicant’s individual data and that of other subscribers at their disposal.
These information consists of subscribers tackle, time of phone calls and/or text messages and phone written content as effectively as individual facts on handle, bank particulars and many others.
The applicant is, thus, inquiring the Courts to adjudge or declare the perform by the 3rd respondent, Kelni GVG Constrained, and the 4th respondent, the NCA, or any other human being to procure his particular facts from the 1st and next respondents devoid of following thanks course of action as a violation of his legal rights.
Even further it is the argument of the applicant that there is no logical correlation in between cell cash transfer facts in specific or telecommunication info of a individual in common and their publicity to the COVID-19 ailment.
“It is, therefore, not stunning that governments the entire world more than (such as other much less made countries and nations around the world that are acquiring considerable scenarios of community health and fitness unexpected emergency) are not adopting this peculiar evaluate in fighting the illness or make contact with tracing. Indeed, it is only Ghana and Ghana on your own which is adopting this unusual measure,” the applicant contends.
In an additional growth, the applicant is petitioning the Main Govt of Vodafone Team Plc in the United Kingdom to impress on its Ghana workplace not to succumb to the President of Ghana’s force in breach of customers’ fundamental human legal rights and the High Court’s orders.
A equivalent petition would be sent to MTN intercontinental as properly.